Ray Hill kicks off campaign for Texas House with YouTube videos

Ray Hill

Ray Hill

As previously reported by Houstini Ray Hill, the iconic and iconoclastic Houston LGBT activist, announced this year that he would challenge ten-term incumbent state representative Garnet Coleman in next spring’s Democratic Primary. Hill is running what he calls an “unfunded campaign,” relying on social media and support from community members to get his message out.

We haven’t heard much about the campaign since Hill filed at the beginning of the month (perhaps he’s been distracted by his recent arrest during an attempt to prevent the HPD vice squad from harassing strippers), but Hill seems to have gotten back into the campaign saddle, releasing two YouTube videos about his campaign and why he thinks he’s the best choice to represent district 147 (they can be viewed after the jump). The audio’s not the best (tip: taping next to a roaring waterfall does not produce the best sound), but in both videos Hill expresses his belief that the common people of the district will vote him into office. Judge for yourself:

—  admin

DOMA ruled unconstitutional by bankruptcy court

A federal bankruptcy court in California on Monday ruled that Section 3 of the Defense of Marriage Act is unconstitutional.

The U.S. Bankruptcy Court for the Central District of California in Los Angeles ruled that it is discriminatory to prevent a legally married same-sex couple from filing for joint bankruptcy.

The couple, Gene Balas and Carlos Morales, filed a joint chapter 13 petition. They were married in 2008 in California and remain legally married.

In his ruling, the judge wrote: “This case is about equality, regardless of gender or sexual orientation, for two people who filed for protection under Title 11 of the United States Code (Bankruptcy Code).”

It is “undisputed that the Debtors are a lawfully married California couple,” the judge wrote, adding that the couple came to the court to restructure and repay their debt following extended illnesses and long periods of unemployment.

The U.S. trustee for the case filed a motion to dismiss on the grounds that two men cannot file jointly for bankruptcy. The judge ruled the trustee did not ask for dismissal based on one of the 11 causes listed in bankruptcy law to dismiss, but simply because the couple are two men.

The judge said the trustee filed no relevant case law supporting his position and said the couple should not be singled out for discriminatory treatment. He cited the Obama administration’s position that DOMA is unconstitutional and ruled that, indeed it is.

—  David Taffet

Judge to rule this week in Nikki Araguz case

Nikki Araguz

Transgender widow vows appeal if she loses case

JUAN A. LOZANO  |  Associated Press

WHARTON, Texas — The transgender widow of a Texas firefighter will likely learn next week whether his family’s request to nullify their marriage and strip her of any death benefits will be granted, a judge said Friday.

State District Judge Randy Clapp made the announcement after hearing arguments in a lawsuit filed by the family of firefighter Thomas Araguz III, who was killed while battling a blaze last year. The suit argues that his widow shouldn’t get any benefits because she was born a man and Texas doesn’t recognize same-sex marriage.

The widow, Nikki Araguz, said she had done everything medically and legally possible to show that she is female and was legally married under Texas law. She believes that she’s entitled to widow’s benefits.

“I believe the judge is going to rule in my favor,” Araguz said after the court hearing.

The lawsuit seeks control over death benefits and assets totaling more than $600,000, which the firefighter’s family wants to go to his two sons from a previous marriage. Voiding the marriage would prevent Nikki Araguz from receiving any insurance or death benefits or property the couple had together.

Thomas Araguz died while fighting a fire at an egg farm near Wharton, about 60 miles southwest of Houston, in July 2010. He was 30.

His mother, Simona Longoria, filed a lawsuit asking that her son’s marriage be voided. She and her family have said he learned of his wife’s gender history just prior to his death, and after he found out, he moved out of their home and planned to end the marriage.

But Nikki Araguz, 35, has insisted that her husband was aware she was born a man and that he fully supported her through the surgical process to become a woman. She underwent surgery two months after they were married in 2008.

Longoria’s attorney, Chad Ellis, argued that Texas law — specifically a 1999 appeals court ruling that stated chromosomes, not genitals, determine gender — supports his client’s efforts to void the marriage.

The ruling upheld a lower court’s decision that threw out a wrongful death lawsuit filed by a San Antonio woman, Christie Lee Cavazos Littleton, after her husband’s death. The court said that although Littleton had undergone a sex-change operation, she was actually a man, based on her original birth certificate, and therefore her marriage and wrongful death claim were invalid.

Ellis presented medical and school records that he said showed Nikki Araguz was born without female reproductive organs and that she presented herself as a male while growing up and going to school. He also said her birth certificate at the time of her marriage indicated she was a man.

“By law, two males cannot be married in this state,” Ellis told the judge.

Nikki Araguz, who was born in California, did not change her birth certificate to reflect she had become a female until after her husband’s death, said Edward Burwell, one of the attorneys for Thomas Araguz’s ex-wife, Heather Delgado, the mother of his two children.

But one of Nikki Araguz’s attorneys, Darrell Steidley, said that when his client got her marriage license, she presented the necessary legal documents to show she was a female. He also noted changes made in 2009 to the Texas Family Code that allowed people to present numerous alternatives to a birth certificate as the proof of identity needed to get a marriage license. That was an example, he argued, of the state trying to move away from the 1999 appeals court ruling.

The changes in 2009 allowed transgendered people to use proof of their sex change to get a marriage license. The Texas Legislature is currently considering a bill that would prohibit county and district clerks from using a court order recognizing a sex change as documentation to get married.

After the hearing, the firefighter’s family and attorneys for his ex-wife criticized plans by Nikki Araguz to star in a reality television dating show and implied she was only interested in money and fame that the case would bring her.

“That is absurd,” Nikki Araguz said in response. “I’m after my civil equality and the rights that I deserve as the wife of a fallen firefighter.”

If the judge rules against the firefighter’s family in their motion for a summary judgment, the case would then proceed to trial. Araguz said if the judge rules against her, she would appeal, all the way to the U.S. Supreme Court if necessary.

—  John Wright

Great Spaces: Conditioner love

Yes, you can have a cold house without the big bills — and that’s not hot air

By David Taffet

Perhaps the one thing we loathe the most besides triple digit temps in summer is that dreaded electric bill. The air conditioner is a must for summer in Texas, but the wallet sure takes a beating. One local expert recommends these simple tips to help you keep your cool and some green.

Todd Ylen of TNS Mechanical in Arlington said that only half the air conditioning complaints his company receives could be traced to the main unit. The first thing he checks is the overall cleanliness of what he calls “the guts.” He recommends a professional cleaning with caustic chemicals.

“It should be done professionally,” he says, “The chemicals won’t hurt the plants but it can melt the rubber off your sneakers.”

During the season, he said, don’t be afraid to wash the unit with a hose, but not a pressure washer. A garden hose will not damage an outdoor air conditioning system. They’re made to withstand gale-force winds.

Keep grass and weeds off outdoor condensers. They clog the system and decrease efficiency.

Next, Ylen said he checks the house.

“How efficient is the ductwork?” he says. “How efficient is your house?”

The outer lining of much of the ductwork installed in the 1980s has deteriorated. Squirrels, raccoons and other animals that get into the attic can cause a tremendous amount of damage to the ducts as well.

Cold air will blow in the attic but never reach the living areas of the house if the ducts are torn or worn. He recommends modern, high-insulated ductwork.

Next, he suggests an energy audit company to check for leaks around doors and windows.

“Seal the house,” he says. It pays off in lower energy bills quickly.

And ventilate, he said. Ylen called the old whirlybirds on most roofs worthless.

He recommends solar-powered, fan-driven ventilators. A year ago, he said, they were $1,800. Today they sell for $400, an amount that will pay for itself in one season. He calls it an upfront investment that continues to pay off by lowering electric bills on air conditioning and never costing a cent to operate.

Filters should be changed monthly. Dirty filters prevent the system from drawing air easily, making it work harder and use more energy.
Programmable thermostats are also useful in keeping the system from cooling the house when not needed.

Ylen calls radiant barriers ineffective with a 50-year payback, but insulation very useful.

“A preventive maintenance program is crucial,” he says. He sums up his energy-saving tips to all homeowners — insulate, ventilate and stop air leaks.

TNS Mechanical services homes throughout Texas and has other tips at AirConditioningRepairArlington.com

This article appeared in the Dallas Voice print edition May 15, 2011.

—  John Wright